- THESE TERMS
- 1.1 What these terms cover. These are the terms and conditions on which we supply e-cigarette and related products to you.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- 2.1 How to contact us. You can contact us by emailing us at email@example.com.
- 2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- 3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or because we have identified an error in the price or description of the product or because there is a safety issue or because we reasonably believe you are not aged over 18 years of age or resident in the UK.
- 3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- 3.4 We cannot sell some goods within the EU. Due to the Tobacco Products Directive (2014/40/EU) we cannot sell certain electronic cigarette products to consumers resident in countries of the EU. We are however able to sell all of our products to consumers resident in the UK and in non-EU countries. If we are unable to sell to you a certain product we'll notify you of that during the check-out process.
- 3.5 For non UK residents. If you're resident outside of the UK then it is your responsibility to ensure that the products that you order from us comply with the local laws that apply in your country and to take responsibility for importing the goods into your country. We will have no responsibility for products which are stopped at customs or which do not meet the legislation which applies in your country.
- 3.6 We only sell to people over 18. By law we cannot sell e-cigarettes or related products to anyone who is under 18 years of age. If we reasonably believe that you are not over 18 we reserve the right to require you to provide proof of your age before we fulfil your order.
- 4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- 4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website. You may not return the product because the packaging does not match the image shown on our website.
- 4.3 Product safety. There are some safety risks associated with using e-cigarettes and we strongly recommend that you read the instructions for your product before you start using it.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- 6. OUR RIGHTS TO MAKE CHANGES
- 6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, for example, where it is necessary to changing packaging or change the design of products to meet changes in the law; and
(b) to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not materially affect your use of the product.
- 7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
- 7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- 7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- 7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from their local depot.
- 7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot within 14 days the products will be returned to us. Once we receive the products back we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
- 7.6 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.
- 7.7 When you own goods. You own the product when we dispatch it to you.
- 8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product you've bought, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- 8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong.
- 8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online if you are resident in the UK you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- 8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Vape Club to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations as it applies to all customers and allows you to return the goods within 30 days of delivery. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):
- 8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of products (e.g. vape kits) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- 8.6 How long do I have to change my mind? You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- 9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name and order number or your name and home address.
- 9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.Please either include the returns slip or a note with your name and order number or, if you can't find your order number, your name and address and the reason why you're returning the goods. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. We strongly recommend that you send the goods by Special Delivery or Signed for First Class to avoid the goods being lost in the post. We will not be able to refund you the price of the goods until you can prove that they were posted to us.
- 9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- 9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- 9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Refunds & Returns Policy for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 1-3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- 9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or arrange collection of the products.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- 11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can do this by emailing us at email@example.com.
- 11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
- 11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please see clause 9.2 on how to return the products to us.
- 12.1 Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on the order page when you placed your order; regardless of the VAT rate applicable for sales to your country. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
- 12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- 12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- 12.4 When you must pay and how you must pay. We accept payment by credit card (VISA, MasterCard, American Express and Diners Club) or debit card (VISA and MasterCard). You must pay for the products before we dispatch them.
- 12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
- 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
- 13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- 14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
- 15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- 15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.